High Court hears EFF, PP's bid for leave to appeal Sars 'rogue unit' matter
Last year, the High Court set aside the Public Protector’s report, which found against the formation of the unit after Public Enterprises Minister Pravin Gordhan applied that it be reviewed.
JOHANNESBURG — The Pretoria High Court has been hearing arguments from lawyers representing the Economic Freedom Fighters (EFF) and Public Protector as they make their bid for leave to appeal the SARS “rogue unit” matter at the Supreme Court of Appeal (SCA).
The lawyers have argued that the matter should be referred to the SCA to test among others the court’s earlier finding that nature, recruits, and powers exercised by the unit did not deserve a specific legislative mandate.
Last year, the High Court set aside the Public Protector’s report, which found against the formation of the unit after Public Enterprises Minister Pravin Gordhan applied that it be reviewed.
But Advocate Tembeka Ngcukaitobi — arguing for the EFF — said it should also be tested whether it’s correct for the court to base some of its invalidity findings because the Public Protector relied on a KPMG report, which had some of its sections disregarded by the company.
“All that statement from KPMG international did was to abandon the purported legal conclusions, but it never affected the factual basis for that report.”
Meanwhile, Wim Trengove for Pravin Gordhan has argued that whether the SCA finds in favour of the applicants on one finding — the other findings will still deem the entire report flawed.
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